Breaking: 43 Catholic institutions file suits over HHS mandate

posted at 12:01 pm on May 21, 2012 by Ed Morrissey

Today’s Roman Catholic calendar lists May 21st as the feast day of St. Christopher Magallanes, a martyr killed for celebrating Mass during the Cristero War in Mexico. Perhaps Catholics today may want to recall St. Thomas More — the patron saint of lawyers, who was executed for refusing to agree to a mandate that gave Henry VIII the prerogative of defining religious expression in England. Dozens of Catholic institutions filed lawsuits today against the Department of Health and Human Services over its mandate and its narrow definition of religious practice:

Catholic archdioceses and institutions filed suit in federal district courts across the country Monday against the so-called contraception mandate, claiming their “fundamental rights hang in the balance.”

The plaintiffs include a host of schools and organizations, including the University of Notre Dame and the Archdiocese of New York. The lawsuits, though related, were filed individually.

The schools are objecting to the requirement from the federal health care overhaul that employers provide access to contraceptive care. The Obama administration several months back softened its position on the mandate, but some religious organizations complained the administration did not go far enough to ensure the rule would not compel them to violate their religious beliefs.

Kathryn Jean Lopez posts a brief statement from Timothy Cardinal Dolan, president of the US Conference of Catholic Bishops and one of the chief critics of the HHS mandate:

We have tried negotiation with the Administration and legislation with the Congress – and we’ll keep at it – but there’s still no fix. Time is running out, and our valuable ministries and fundamental rights hang in the balance, so we have to resort to the courts now. Though the Conference is not a party to the lawsuits, we applaud this courageous action by so many individual dioceses, charities, hospitals and schools across the nation, in coordination with the law firm of Jones Day. It is also a compelling display of the unity of the Church in defense of religious liberty. It’s also a great show of the diversity of the Church’s ministries that serve the common good and that are jeopardized by the mandate – ministries to the poor, the sick, and the uneducated, to people of any faith or no faith at all.

The institutions filing lawsuits don’t just comprise a few ultraconservative institutions, either. The University of Notre Dame hosted a speech by President Barack Obama in 2009, but today insists that Obama and his administration are attacking religious freedom in their complaint:

This lawsuit is about one of America’s most cherished freedoms: the freedom to practice one’s religion without government interference. It is not about whether people have a right to abortion-inducing drugs, sterilization, and contraception. Those services are, and will continue to be, freely available in the United States, and nothing prevents the Government itself from making them more widely available. But the right to such services does not authorize the Government to force the University of Notre Dame (“Notre Dame”) to violate its own conscience by making it provide, pay for, and/or facilitate those services to others, contrary to itssincerely held religious beliefs. …

If the Government can force religious institutions to violate their beliefs in such a manner, there is no apparent limit to the Government’s power. Such an oppression of religious freedom violates Notre Dame’s clearly established constitutional and statutory rights.

The First Amendment also prohibits the Government from becoming excessively entangled in religious affairs and from interfering with a religious institution’s internal decisions concerning the organization’s religious structure, ministers, or doctrine. The U.S. Government Mandate tramples all of these rights.

Franciscan University also filed suit, and its president Father Terence Henry published this video statement:

Noting that Franciscan University did not go looking for this battle, Father Henry said the University retained Jones Day, one of the world’s largest law firms, with whom the University has had a relationship for the past twenty years, “because it has the resources to fight the government as long as it takes, and we will settle for no less than a restoration of our First Amendment right to freedom of religion.”

Father Henry concluded, “Under no circumstances can Catholics be both in compliance with this new law and at the same time live the faith that we believe. Franciscan University will continue to stand with the Church in its opposition to this mandate. Our ancestors came to America because they knew that on these shores they would be free to faithfully live what they believed. This mandate is not only a grave infringement on religious liberty; it is a betrayal of those who sacrificed to make this country what it is today.”

All of this probably makes the New York Times’ analysis of how Obama will win Catholic votes little more than wishful thinking. This oppressive move may well cast Catholics off from the Democratic Party for a generation. This will be a “come to Jesus” moment for many Catholics, and a wake-up call to the USCCB about the nature of government mandates in general.

It seems to us hardly a coincidence that this suit is taking place in our centennial year. Founded 100 years ago by then-Father John Noll, Our Sunday Visitor from its beginning sought to inform Catholics about the issues of the day, form them in the Faith, and defend that Faith from attack. It was Father John Noll who stood up to those who attacked Catholic immigrants as un-American and seditious. It was Father John Noll who faced down false preachers who spread slanders about the Church. It was Father John Noll who resisted the power of the Ku Klux Klan when it was such a powerful political force. And it is in his courageous spirit that we invoke as we engage in this great struggle today.

We know that many Americans — and even many Catholics — are confused about this debate. Politicians and elements of the news media have sought to make it a war against women or contraception, and they have portrayed the Church as seeking to impose its values on others or as being covertly political.

We also acknowledge that many Catholics do not understand the reasons for the Church’s moral opposition to contraception, sterilization and abortion-inducing drugs. This lack of understanding points to a significant catechetical need that the Church should address internally.

We reiterate, however, that this is not about the legality of such practices in society, nor is it about how many Catholics understand the Church’s position. It is about the Church’s right to practice what it preaches.

This is a critical moment for religious freedom in the US. If the federal government can define religious expression, then it can control or even outlaw it.

Update II: LifeNews has a statement from Notre Dame’s president, Fr. John Jenkins, who extended the invitation to Obama in the first place:

Let me say very clearly what this lawsuit is not about: it is not about preventing women from having access to contraception, nor even about preventing the Government from providing such services. Many of our faculty, staff and students — both Catholic and non-Catholic — have made conscientious decisions to use contraceptives. As we assert the right to follow our conscience, we respect their right to follow theirs. And we believe that, if the Government wishes to provide such services, means are available that do not compel religious organizations to serve as its agents. We do not seek to impose our religious beliefs on others; we simply ask that the Government not impose its values on the University when those values conflict with our religious teachings. We have engaged in conversations to find a resolution that respects the consciences of all and we will continue to do so.

This filing is about the freedom of a religious organization to live its mission, and its significance goes well beyond any debate about contraceptives. For if we concede that the Government can decide which religious organizations are sufficiently religious to be awarded the freedom to follow the principles that define their mission, then we have begun to walk down a path that ultimately leads to the undermining of those institutions. For if one Presidential Administration can override our religious purpose and use religious organizations to advance policies that undercut our values, then surely another Administration will do the same for another very different set of policies, each time invoking some concept of popular will or the public good, with the result these religious organizations become mere tools for the exercise of government power, morally subservient to the state, and not free from its infringements. If that happens, it will be the end of genuinely religious organizations in all but name.

Indeed. And as some have suggested, the administration’s arrogance and obstinacy in dealing with this issue raises the question of whether that’s not their preferred outcome anyway.